Court costs

Attorney Mario White wants to be a Dane County judge. A former high school math teacher, he’s worked as a public defender since graduating from law school in 2008. White, an African American, says the court needs judges that reflect the populations they serve.

“It is very distressing to me when my client and I are the only black people in the courtroom,” White says. “Right or wrong, it leads to the perception that justice isn’t just. It has a real impact on whether people think they are getting a fair shake in the system. Given my background and just who I am, those are the things that set me apart and what would make me a good fit for the Dane County bench.”

But White won’t be running anytime soon. After exploring what’s involved in a judicial campaign, he realized he wasn’t ready for such “a huge undertaking.”

“Political connections and endorsements are very important. Who are the people that can get you access to those people? How do you even get your foot in the door?” White wonders. “Do I need to have a campaign manager? How much does that cost? Do I want to buy TV ads? Apparently that’s a thing and it isn’t cheap. The whole endeavor, I learned, is very, very expensive.”

White isn’t exaggerating.

Circuit Court candidates Jill Karofsky and Marilyn Townsend collectively spent $330,000 in their campaigns for a Dane County judge seat this spring. Karofsky, a former prosecutor and executive director for the state’s Office of Crime Victim Services, won with 58 percent of the vote on April 4.

Even though Townsend was outspent by $90,000, she raised nearly $18,000 more from donors than Karofsky. According to campaign disclosure reports, Karofsky spent $168,500 of her own money on her campaign — her total expenditures were $210,000. Townsend, a labor and employment attorney and the Shorewood Hills municipal court judge, spent $66,500 of her money on the campaign.

If that’s the norm in competitive judicial races, White says he doesn’t stand a chance.

“There’s no possibility that I could come even close to putting that much of my own money into a campaign and it’s not a sure thing you’re even going to win,” White says. “Is it really about the merits if one candidate has the financial resources to flood the market with their message?”

Andy Gussert, a political consultant with Progressive Strategies LLC, says spending in the race between Karofsky and Townsend was “extremely high.” In recent years, judicial candidates have typically spent $60,000 to $100,000, he says. The high cost of campaigning keeps qualified candidates from running.

“One of the fundamental problems with our Circuit Court system right now is it prices out attorneys who are public defenders or working in a social justice organization,” Gussert says. “Someone who wants to run for judge needs a lot of money. They need [donor] lists and endorsements…. And someone who has the connections to call up people and ask for money. People who can’t self-fund aren’t running for that simple reason. The biggest winners are the political consultants.”

And that’s coming from a political consultant. Townsend spent around $31,000 for expertise from Integrated Political Solutions based in Sun Prairie and on campaign software. Karofsky paid veteran campaign manager Melissa Mulliken $105,000 for her services, half of her total spending. Karofsky did not return a call for comment.

Because state law prohibits judicial candidates from directly soliciting political donations, Gussert says candidates need to hire someone to do so. This makes well-connected consultants crucial for fundraising and lining up early endorsements from judges and politicians.

In the race this spring, Karofsky spent $81,000 on TV advertising while Townsend spent just under $70,000. Both had prominent supporters, including politicians and judges.

“When candidates both have a good list of well-known supporters, then it really becomes about the money,” Gussert says.

Townsend isn’t giving up on becoming a Dane County judge. She’s now competing for the seat held by Judge Timothy Samuelson, recently appointed by Gov. Scott Walker to fill the remaining term of retired Judge John W. Markson. It’s unknown whether Samuelson intends to run for a six-year term next spring — the deadline to file is in January. He did not return a phone call for comment.

This time Townsend is more closely following the formula for success by hiring Melissa Mulliken, her former opponent’s campaign manager. Mulliken has managed or consulted on 24 judicial races since 1996, including Appeals Court Judge Joanne Kloppenburg’s two unsuccessful bids for Supreme Court. In an email, Mulliken says she is flattered “that an opposing candidate respects the work I do and recognizes I do it ethically and professionally.”

“I chose to invest significant personal funds in my last campaign and I will invest significant personal funds in this campaign,” Townsend writes. “My campaign is also limiting the amount of contributions to $500. The influx of large donations in judicial campaigns undermines the public’s confidence in our courts as independent and impartial.”

Gussert claims it’s still possible to win a seat on the bench without a huge war chest. He points to Judge Everett Mitchell as proof it can happen. Gussert, who worked on Mitchell’s campaign, says the judge collected 450 endorsements from elected officials, judges and community leaders months before Election Day.

That wide support perhaps kept anyone from opposing him in 2016. Mitchell only spent $13,750 on his campaign (including $8,000 to hire Gussert).

For now, Mario White says he’s content with gaining more experience as a public defender and a part time adjunct professor at UW Law School. But one day, he’d like a shot at the bench.

“It’s not a matter of if, it’s a matter of when,” White says. “But I do wish there was a better way for qualified people to run so it isn’t always about who has the most money.”